in Houston, Texas
Gas board asks for sign-off on public information requests, the latest open government disappointment from Alpine, Texas, area
Monday, Jan 31, 2011, 10:42AM CST
By Steve Miller
paperwork

While we find the West Texas town of Alpine a fine place – we’ve had some wonderful sautéed green beans at a little Chinese eatery on the main drag, and Ring-Tail Records carries older, rarely seen vinyl – there must be something that the local government doesn’t like about transparency.

 

In this case, the the local government is the board of the Southwest Texas Municipal Gas Corp. When the board gathered last Monday, among the agenda items was approval of an open records request from the city. Which begs the question: Who ever thought a board needed to approve a public information request?

 

“The gas board erroneously told its employees that it had to get providing records approved,” Alpine City Attorney Rod Ponton said. Ponton and Alpine City Councilman Julian Gonzales had requested information from the gas company, “but they were not forthcoming in giving it to us so we had to file a request.”

 

Ponton said the gas company operates under an agreement with several area towns and is a taxpayer-funded operation subject to the state’s Public Information Act.

 

“I think it’s just a small board out in the sticks and wanted to be protective,” Ponton said, adding that the information was delivered. A public records request is in itself a public record, and there is no law prohibiting a governing board from reviewing a request, although it is as rare as it is unnecessary and unofficial.

 
A call to the company’s lawyer, G. William Fowler, was not returned.

Apparently the gas company has other problems. We tried to dial up the gas company’s website, but it has apparently exceeded its bandwidth. 

The administrator for the site, Robert Stolz, had a tale of woe: "Due to what’s going on with budgetary problems over there, they aren’t paying me to keep that site going. They haven’t paid me in nearly a year, so even if you could access the site, there are no updates.”

Some folks in the community don’t have a lot of love for the gas company, either.

State records show that the president of the gas company is Avinash Rangra, a former Alpine council member who was prosecuted in 2005 along with another councilman for privately e-mailing each other in violation of the state open meetings law.
 
The charges were eventually dropped, but the council members filed a challenge of the Texas Open Meetings Act. Their case was dismissed after a protracted court battle. But the dismissal was based on the fact that the plaintiffs were no longer in office and lacked standing to sue, rather than the merits of the suit.
 
The city of Alpine, along with four other cities and 16 elected officials, is now part of another challenge to the Texas Open Meetings Act. Ponton, representing the city, said the plaintiffs filed their final brief on Friday, and he expects a ruling by March.
 
Ponton, who was a plaintiff’s attorney in the Rangra case, said the case focuses on the provision of the law providing criminal penalties for discussing official business without a quorum, claiming that the notion itself is an infringement on First Amendment rights.
 
The plaintiffs contend that the law “prohibits a quorum of a city council from communicating, receiving, or sending communications except at a public meeting" and is therefore unconstitutional. See the full original complaint here.
 
“This makes council members unable to discuss any matters among themselves except at city council meetings,” Ponton said. “We’d like to them to be able to discuss those issues freely. Thirty-three other states have open meetings laws but don’t have such a criminal penalty.”
 
Alpine. Good green beans and record shopping. But sometimes a tough place for transparency.


Contact Steve Miller at 832-303-9420 or stevemiller@texaswatchdog.org.


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Photo of paperwork by flickr user FeatheredTar, used via a Creative Commons license.

Comments
Dan Dunlap
Wednesday, 03/02/2011 - 01:58PM

Southwest Texas Municipal Gas Corp is not and never has been funded with taxpayer dollars. It is a non-profit Corp and is no more subject to open meetings/records than any other non-profit corp.

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